Marchman Act Chapter 397: What Florida Families Need to Know

If you searched for the baker act statute florida, you may need one of two laws. The Baker Act is Chapter 394 of the Florida Statutes and deals with mental illness. The Marchman Act is Chapter 397 and deals with substance abuse impairment. This guide explains what the Chapter 397 sections mean for a family facing a loved one’s dangerous drinking or drug use.

Two Florida Laws, Two Different Statutes: Chapter 394 and Chapter 397

The Baker Act is Chapter 394, and the Marchman Act is Chapter 397. Each law has its own criteria, petition forms, and court procedures. Part I of Chapter 394 covers involuntary commitment for mental illness.

The two laws do touch in one way. A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination (Fla. Stat. § 394.463).

Because the two statutes use different tests, the section numbers in this guide apply only to Chapter 397. Don’t assume a Chapter 394 rule works the same way here.

What Chapter 397 Covers and Why Families Look to It

Chapter 397 is the Florida chapter on substance abuse impairment services. It includes the involuntary process families know as the Marchman Act. Florida law defines involuntary treatment services as an array of behavioral health services that a court may order for persons with substance abuse impairment or co-occurring substance abuse impairment and mental health disorders.

Families usually look to this process when a loved one’s substance use causes serious harm. Often, voluntary treatment has not happened or isn’t possible. The court makes the final decision, not the family.

This guide covers the parts families most often need: key terms, admission criteria, who may file, the hearing, rights, and release.

Key Terms in Section 397.311: The Words That Control the Case

Section 397.311 defines words that appear throughout the chapter. Those definitions shape how each step works. Knowing them helps you read a petition or court order without guessing.

Under Fla. Stat. § 397.311, a “qualified professional” means a physician or a physician assistant licensed under chapter 458 or chapter 459; a professional licensed under chapter 490 or chapter 491; an advanced practice registered nurse licensed under part I of chapter 464; or a person who is certified through a department-recognized certification process for substance abuse treatment services and who holds, at a minimum, a bachelor’s degree. A person certified by a state-recognized process in another state may perform these functions if employed by a licensed substance abuse provider in Florida, but must meet the certification requirements no later than 1 year after his or her date of employment. That professional’s assessment often becomes central to the case.

A “licensed service provider” is a public agency, a private for-profit or not-for-profit agency, a physician or other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components. The provider is where court-ordered treatment takes place.

The person named in the petition is the respondent.

Criteria for Involuntary Admission Under Section 397.675

Involuntary admission requires a good faith reason to believe the person meets the statutory criteria for admission. The person must be substance abuse impaired, or have a substance use disorder and a co-occurring mental health disorder. Because of that impairment or disorder, the person must have lost the power of self-control with respect to substance abuse.

The statute then requires one more finding.

A second path also exists.

The statute says that a mere refusal to receive services is not, by itself, evidence of lack of judgment. Families often gather evidence such as incidents at home, job loss, medical emergencies, or unsafe driving. The court decides what that evidence shows. Whether a given set of facts meets these criteria depends on the facts.

Who May File a Petition and What the Petition Must Include

For an adult respondent, the statute lets several people file. A petition may come from the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment (Fla. Stat. § 397.68112).

The petition must name the respondent and the petitioner. It must state their relationship and the respondent’s attorney, if known. It must also set out the factual reasons the petitioner believes the person is substance abuse impaired and has lost self-control because of that impairment, and either that the person has inflicted or is likely to inflict physical harm on themselves or others unless the court orders involuntary services, or that their refusal of care is based on judgment so impaired they cannot appreciate their need for care or make a rational decision about it (Fla. Stat. § 397.68141).

A report from a qualified professional who examined the respondent within 30 days before filing may come with the petition. If the respondent was not assessed, or refused an evaluation, the petition must say so.

Location matters. Petitions go to the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing (Fla. Stat. § 397.681). In one Fifth District case, a petition filed in the wrong county did not take away the circuit court’s jurisdiction. The court treated it as a venue problem (J.P. v. J.N.).

The Court Process: Hearings, Notice, and Assessment

Once a petition is filed, the court must schedule a hearing within 10 court working days, unless a continuance is granted (Fla. Stat. § 397.68151). Copies of the petition and the hearing notice go to the respondent, the respondent’s parent or guardian if the respondent is a minor, the respondent’s attorney if known, the petitioner, the respondent’s spouse or guardian if applicable, and any other persons the court directs.

A respondent generally cannot be ordered into treatment without a clinical assessment. The qualified professional’s clinical assessment must be sent to the clerk of the court no later than the ordinary close of business on the day before the hearing (Fla. Stat. § 397.6957).

In an emergency, the court may rely only on the petition and enter an order for assessment and stabilization without first appointing an attorney (Fla. Stat. § 397.6818). A service provider may not hold the respondent for more than 72 hours of observation, unless an exception applies.

The petition’s facts must carry the order. In one Second District case, the petition did not show a good faith reason to believe the statutory criteria were met, so the court erred in entering the emergency order (D.H. v. K.J.R.).

Rights of the Person Involved Under Chapter 397

The respondent has the right to counsel at every stage of a judicial proceeding. The respondent may waive that right only if present and the court finds the waiver is knowing, intelligent, and voluntary. A respondent who desires counsel and cannot afford a private lawyer has the right to court-appointed counsel (Fla. Stat. § 397.681). The Second District has also held that due process gives a Marchman respondent a constitutional right to counsel (Hillsborough County v. Albrechta).

The respondent may refuse to testify at the hearing.

The chapter also says the dignity of the individual must be respected at all times (Fla. Stat. § 397.501). Knowing these rights helps you set realistic expectations. It also helps you speak respectfully with your loved one during a hard time.

Stabilization, Treatment, and Release Provisions

If the court orders involuntary treatment services, the order can last up to 90 days. The court may order treatment from a publicly funded licensed provider. It may order a private provider if the respondent has the ability to pay, or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay (Fla. Stat. § 397.697).

If the conditions are expected to continue after 90 days, a renewal of the involuntary services order may be requested before the end of the 90-day period (Fla. Stat. § 397.6975). The court may then order up to another 90 days (Fla. Stat. § 397.6975).

Release can come early. The order and the chapter’s time limits set how long services last.

Recent Appeals Court Decisions and the Petitioner’s Burden

That burden stays with the petitioner.

According to the appellate opinion in J.C. v. State, the court “failed to follow the applicable statute by essentially functioning as the absent petitioner.” The appeals court reversed, because the court was functioning as the absent petitioner (J.C. v. State).

The Fourth District reached a different result in 2024. It held a court did not abandon neutrality when it had an assessing counselor testify, and it recognized a conflict with the Fifth District cases (J.J.J. v. D.G.). These are Fifth District rules, and the 2024 amendments may affect the dispute. Plan to present your own witnesses and evidence.

What Your Family Can Do Next

Start by writing down dated, first-hand observations. Note what happened, when it happened, and who saw it. Keep copies of medical records, incident reports, and any court papers you receive. Write down the full names of the people involved.

You don’t need every answer before you reach out. The Marchman Act attorney guide explains the broader process.

Quick Answers

Talk With Robinson Casey About Your Family’s Situation

Reading a statute while you worry about someone you love is hard. You didn’t choose this situation, and the sections above can feel dense. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida, including Miami-Dade County. Richard J. Casey III, Esq. is the responsible lawyer for this page. Our first consultation is free, confidential, and comes with no obligation to continue. Reach out through our contact page or call (561) 849-4149 to talk about your loved one’s situation.